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Home My WebLink About1992-04-14• TOWN BOARD MEETING SPECIAL PERMIT HEARING APRIL 14, 199 Al's Wood IN' Things Supv Schug called the meeting to � � girder at 7:30PM Supv Schug read the notice that was published in the newspaper concerning the application of Al Van De Weert to establish retail sales for fresh fruit, vegetables, bedding plants and crafts at 15 Livermore Crossing Rd. (copy of notice in minute bock). QUESTIONS AND /OR COMMENTS Al Van De Weert - he would like to go into his selling fruits, vegetables, bedding plants and been a farmer for over 20 years. At the present renting a building from Bernard Hicks with the building next year. The entrance and exit will Crossing Road. He has received his application Markets. Closed public hearing 7:35PM TOWN BOARD MEETING APRIL 149 1992 awn business crafts. He has time he will be option to buy the be on Livermore fry rn NYS Ag Supv Schug called the meeting to � order at 703 5PM Members and guests participated in the Fledge of Allegiance Roll call was by the Town Clerk= Present o Supv Schug, Clm Roberts, Clm Baker, Clrn Hatfield, Clm Corrigan, Atty Perkins and Z.O. Slater Approval of the rninutes a Motion ion was made by Clm Roberts and 2nd by Clm Hatfield that the minutes of 11 -92; 3 -5 -92; and 3 -10 -92 be approved. Carried RESOLUTION #102 ACCEPT EAF FORM Clm Roberts offered the following adoption= RESOLVED, that this beard accept comment for was no significant A 1' s Wood IN' Things. env iri.-inrnentaI declaration should be issued. resolution and asked for its the EAF form filed with gut It was determined that there impact and a negative . 2nd Clm Corrigan Roll l l call vote - all vot i ng Yes SV 0 • • Ithaca jl:.vurr,al News 142,33, W. State Street Ithaca, New York At t r, : Donna Carr, Legal Ads PLEASE PUBLISH the following APRIL 8th, 1992 and bill the LEGAL NOTICE r,• Town _,f Dryden" .later than WEDNESDAY TREE NOTIC ;E t °I °tat tree. T�.-viv., Br- ,::,i" t1-te Tl_,wr•, ��f Dryden Will hold a public hP:'ari.r�g tI i_, r,cider an appl icat ion for a Special Permit fri �m Albert Var-, Dv� Weert of 158 Simms Hill Road Dryden, New'- York DBA, "A1' s W� ,ci "N" Things ", to , est ab 1 i sh a retail sales site and facility for fresh fri_tit, vegetables, bedding p 1 ants q ar,d crafts at 1. I_ i verr,i� ,r e Cr•� mss i n g R, ��rd Dryden, iuew Yc_Irk. SAID HEARING 'wi l l P. M. preva i ling t i Dryden, New York a giver, ar-, opport i_tn i by agent. DATED: APRIL ` rid, /e at L Henry M. Slater l,_,r',ing Officer Tf=IWrl P_If Dryden b e held , r -, .L. (..I I:" r; I:} f a `I ' f:� �: 1=: T L._ 1..:�. me at the I:)r...y,c:1el "I "r. wt', f-I<: I I t which t i.m�_� :.:tl. a. i.rrt:F�r i�sted ty to be hc•- <rard. F-'f_'r t.q i-ir',ts relay 1992_ t h, 199; -' at 7 : 0 65 E. Mai• r, Street persons will be appear i r, or .. rifi�i =�.� C'G�h� -lg, Dryder, ..1..;:.�•,,;'I { ;;il_I,1�1,- .-:•�...,_;�- ;�:jr' All Dryden Ti.-Own B,-,ar�d 11i::n�t.rc Mah 1 Cin R. Perkins, Dry(.J : n (31'-I ,rge Sch 1 echt, Er,g i. r,eer- Tompkins COUrit y y F- 'i,.�YIl "ia.r',Li r•t me r, c3U1F;ar1r-1e Lloyd, Drydi ?i'1 Seri 0wnc- r' t•j :i. f: F Y - , jf. L Far.;;perty I A • L1 TD4 -14 -92 page c RESOLUTION_ #103 GRANT SPECIAL PERMIT ALI S WOOD IN' THINGS Clm Corrigan offered the following resolution and asked for its adoptions ion: RESOLVED, that this Town Al Van De Weert with the and that the hours would 2nd Clm Hatfield COUNTY BRIEFING Board grant a special permit to "Boiler be Roll 1 ca 1 Plate AM to 1 vote Conditions" 9eif(") e - all PM ins" dated 7 days voting 7 -10 -90 a week. Yes Co Rep Watros - reported they are still working on the solid waste problem and the mapping of the new districts for reapport ionment. Atty Perkins - wanted to � know when the scoping session was for the SDIS. Co. Rep Watr� �s - it will be held April 23rd, 7 e 00PIM at NYSERG Co. Rep Evans - reported ed t hat the reap port i onriient committee met and reviewed a proposed map 29L which took. 410 people from the Town of Dryden instead of 595. The only problem with that map is the districts that will grew the most are the biggest. If this map is passed in 3 t • • 5 years you will see not a 17 percent deviation but about 35 percent. The result is the.-At those people in the districts that are the biggest will continue to be more under represented then they are now. Co. Rep Watros - he believes that if we maintain L districts in the Town of Dryden we will be way under represented for the town on the county beard and this is a distinct disservice for the town residents. We should start on the l ow side at the beginning of the decade with the idea that we will grew at a faster rate than these smaller communities. He would like t• � see how we can best see that the residents of the town influence the county board actions. You will riot be able to do it keeping it to districts. He would like to meet with the board members with this theory in mind to see what we can come up with. Atty Perkins - reported that Supv chairwoman asking of her to the Solid share with Waste the they and Town county site Co. staff and from Rep Evans has been collecting the test wells. to be aware and He for Schug has sent a letter to the Resource of Dryden Management Committee certain data that the regarding would like information Co. Rep j.-in the Wat ros DR7 and any help they can give. 5q I TB4 -14 -92 page 3 CITIZEN PRIVILEGE OF THE FLOOR •Youth Commission Ann Bianchi - wanted to know if everything was ci::irrected regarding the contract form the youth commission. Also reported that there will be a 5 week conservation �n prograrn. They will be working 3 weeks at the science center on school property and weeks at the Mill Creek Dam. They will need the town boards approval for this expenditure. They are also working on the 5 week summer program and have approval to use the junior high school facilities. They would like to expand can the Youth Pride this year by having sorne workshops on job hunting skills, how to write a resume, how to interview, etc. Also use the school facilities of the computers, swimming pool l and recreation equipment. C 1 m Corrigan - wanted to know if there was some type of out reach for the children on the far side of the township, if it could be publicized, car pooling or busing. Ann Bianchi - she has been talking about this and there is the possibility of a Torntran bus that would be available at certain points in the town. RESOLUTION #k104 APPROVE FAMILY AND CHILDRENS SERVICE CONTRACT • Clm Corrigan offered the following resolut it .-in and asked for its adoptions RESOLVED, that this Town Board approve the agreement between the Town of Dryden and the Family and Childrens Service as proposed. 2nd Clm Baker RiW111 call vote - all voting Yes George Shank - wanted to know if anything has been done with his application for expansion to him mi.-ibi le hr.irne park? Atty Perkins - at the meeting in March the beard considered Mr. Shanks application for a special permit fi_Ir a mobile horne park. It was pointed out to him that the plans he submitted did riot include a provisiOn for Municipal water and sewer as called for in the rn! obi le horne park ordinance. It was left with hirn that he would investigate that possibility and let the town board know what his intentions were as to which way he was going to go. It was our understanding that he also needed another special permit which would extend a ni.-inconforming use. If he had indicated to us that he was going to be willing to put in municipal water and sewer then Henry was going to work with his schedule for that second special permit hearing in conjunction with the continuation cif the original special permit hearing tonight. However, he believes that Mr. Shank has indicated, and you can ask him on the record tonight whether he intends to comply with the ordinance and install municipal water and sewer. It is his • understanding that he is not. Therefore, you will have to take action on this special permit for expansion of the mobile home park accordingly. The choices are either t o reject it or to � send it on to the Planning Beard and when it corner back from the Planning Board you have no choice but to � approve it. TB4 -14 -92 page 4 George Shank - he did get with t • and it was discussed what consti He sent a letter out to each -.If wi-juldn't be feasible to put muni was the conclusion of both engir would be cost prohibited. he town engineer and his engineer toted municipal water and sewer. the board members stating that it cipal water and sewer in. This eers for that many trailers it Clrvi Roberts - so you are riot going t• � install municipal water and sewer. George Shank - no, like he said it would be cost prohibited and he couldn't do it. The engineers discussed what constituted municipal water and sewer and they also decided that it would be cost prohibited. We were talking 1 ast time what constituted municipal water and sewer and being that there were no engineers here we were just guessing. So as it stands nobody could do that under the ord i nance. Atty Perkins - would take issue with that, if that is represented to be the ci-. 1riclusion of George Schlecht, because he knows that is not the way he feels about it. Clm Corrigan - It is riot George's position to .judge that it is trio expensive, but that he feels it is possible and expensive. Atty Perkins - it certainly is possi certain number in mind which is a rnU permitted under the ordinance. This rejected unless the board is willing can either amend the mobile home par would not have to install municipal wanted to have a mobile. home park. ble, but Mr. Shankk has a ch less dense program then is permit will have to be to amend the. ordinance. You k ordinance so that a person water- and sewer if they Atty Perkins - to expand this nonconforming use Mr. Shank would also have to have another special permit because he intends to expand a ni �nc� �riformirig use into � an area of the original parcel. He did riot apply for that s� � these are two reasons that this should be considered to be rejected. 1- your ordinance requires m Unicipal water and sewer, you can reject this or entertain a motion to amend the ordinance and he also needed to apply for another special permit to be heard tonight in connection �n with this application which he did nit do. George Shank - what about this article in Section 1701 that a nonconforming use exists at the time of adoption. ion. Atty Perkins - that is a general statement. You are quoting only part of that statement. You want to extend this nonconforming use into another part. YOU are extending a ni!riconforriiirig use, the number of mobile homes that were there at the time r.if the ordinance there is n� � problem there, but y" DIA are proposing to do • something in this ".one which is an extension of that use that was grandfathered so to speak.. You can't do that without a special permit. ,\V TB4 -14 -92 page 5 George Shank. - it was set up for that except nothing was ever finished. There are electrical lines there and everything is set up. The only thing that is riot there are the water and sewer lines. Clm Corrigan - there is a new use here that has not been grandfathered in. Clm Roberts - on the basis that the applicant has decided not to meet the required municipal water and sewer he would like to offer- a resolution that the permit be denied. Also the applicant did not apply for the special perriiit application to extend the mobile home park.. RESOLUTION #105 DENY SPECIAL PERMIT APPLICATION - GEORGE SHANE, COUNTY MANOR ESTATES Clm Roberts offered the following resolution and asked for its adoption= RESOLVED, that since the appl icarit, George Shank has elected not to install municipal water and municipal sewer pursuant to the requirements of the Mobile le H� Mme Park Ordinance, and since the applicant did riot apply for a special permit to extend a nonconforming use pursuant to the requirements of the Town of Dryden Z oning Ordinance that his appl icat ic-in to extend the mobile home park be denied. End Clm Corrigan Roll l cal 1 vote - all voting Yes COUNCILMAN PRIVILEGE OF THE FLOOR Clm Roberts - reported on the swim program and there should be an announcement going out with the school bulletin in May. This program will be self supporting. Clm Roberts - Kerr Thompson of the county staff reported that the letter that was sent from the EPA to the Corp. was that the Corp was confident of their decision that they had giver, to the cc-tunty. There was also concern that Diane Radon who had worked for the Corp was now in Washington D. C. Clm Roberts - concern about the community drop off for large items. This came up suddenly because he and a lot of other people didn't know about it. The comments he heard, nobody was complaining that they didn't have pick up, but they didn't find out that there was going to � be drop � �f centers. Supv Schug - it did get put in the paper and was on the radio. The town is r�� t geared for curbside pickup, but Dori did agree to have a pickup point on Johns on Rd. He will send information to the board members but at $145.00 per ton the town residents wou1a have paid about $521000.00. Clm Hatfield - reported that he has attended several of the SJS meetings and there still is the Kline Rd problem. They are going to do a study t• � see how riiUch more water can be put thri -Jugh the plant and rerouting Kline Rd. It was recommended at their last meeting that the Town of Dryden engineer be involved r.sn any future expansions. A TB4 -14 -92 page 6 CORRESPONDENCE • Dog report - also Lorraine Bard would like to receive the pre - exposure shots for rabies given by Tompkins County Health Dept. The Town of Dryden share will be $68.75 RESOLUTION #106 AUTHORIZE PRE- EXPOSURE SHOT _RAE;IE Clm Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize ze dog control officer Lorraine Bard to receive the pre -expo sure shots from rabie given by the Tompkins County Health Dept. The Town of Dryden cost will be $68.75. 2nd Clm Baker Roll call vote - all voting Yes Dryden Police report art for, park Letter from Dryden Historical Society thanking the town for their contribution and supports ZONING OFFICER Monthly report - given to board members Schedule ` special permit hearings - May 7th at 7u00PM and 7:15PM RESOLUTION #107 RENEWAL. OF _BOAST MEMBERSHIP • Clm Roberts offered the following resolution and asked for its adoption: RESOLVED, that the membership be renewed for BOAST at a cost of $50s00 2nd Clm Hatfield Roll call vote - all voting Yes ATTORNEY Atty Perkins - suggested that the agreement be approved for the Town of Dryden on behalf of the Dryden Youth Commissions The youth commission not being authorized to sign it. RESOLUTION #108 UTILITY DRIVE -_ ACCEPT NAME Clm Hatfield offered the following resolution and asked for its adopt ion: RESOLVED, that this Town Board accepted the name of Utility Drive. Location is between NYSE &G and Route #366. 2nd Clm Corrigan Roll call vote - all voting Yes Atty Perkins - reprorted that the Town of Dryden's permit to plow and sand Abbott Read expires June 3oth. The town has sent the state a letter to notify them that it is coming due. Atty Perkins - rep . was made to � remove variance that was up he will proceed port hi gra wi e on s mob nt ed th th the Breidinger property that a request i1e home on Sweetland Road since the is now in violation. When the time is e violation proceed i ngs. m w • REVISED CERTIFICATE OF ABANDONMENT The undersigned, DONALD P. GILBERT, Superintendent of Highways of the Town of Dryden, County of Tompkins, New York, hereby certifies: That a portion of the highway in the said Town of Dryden, known and described as Red Mill Road, has not been traveled or used as a highway for six and more years prior to the date of this certificate, and said highway is hereby declared abandoned pursuant to Section 205 of the Highway Law as a highway and public right of way. That portion of Red Mill Road which is hereby abandoned is more particularly described on the annexed Schedule A, attached hereto and incorporated herein by reference. This certificate is made Town Board of the Town of D: Abandonment revises, replaces Abandonment dated December 27 proper description of that abandoned. with the consent of a majority of the Ryden. This revised Certificate of and supercedes a prior Certificate of , 1991 which inadvertently omitted a portion of Red Mill Road which is IN WITNESS WHEREOF the undersigned Superintendent of Highways has executed this certificate together with a majority of said Town Board. Dated: Dryden, New April Iq_, York 1992 Filed and recorded in Town Clerk's Office of Town of Dryden, County ompkins, N. Y. on ,199992. —,7"112 • Susanne Lloyd, the the of Donald. Gilbert Sunerintenderrt of /Hlrghways fAq(mbers of f Dryden, York :he Town County Board of the of Tompkins, Town New That portion of Red Mill Road generally bounded and described as follows: Beginning at the point where West Malloryville Road (as one travels south thereon from Peruville Road) forks into West Malloryville Road which travels southeasterly and into Red Mill Road which travels southwesterly and thence southerly; proceeding thence from said point of beginning generally southwesterly for a distance of 450.00 feet + / -; proceeding thence southerly for a distance approximately of 700.00 feet +/- to where the abandoned portion of Red Mill Road intersects the traveled and hard surfaced portion of Red Mill Road all as more • particularly depicted above. SCHEDULE A ., • • Datea Apr-i I 6th, 1992 To James Schug, Dryden "fc,wri S!(pervi.sc,r. 65 E. Main St meet Drryden, New Y,.,rk 1.2:205=, 1= r,.,rne Henrry M. Slater,, re 1 "Ziz,riirig & Building Cade Enfr.ircement Off. 65 East Main Street Fire Drnyderi, New `r',.,rk 1 _;C)5� S!(ba a March ' 9; :.. Z,.,riirig Building Enforne. ment Activity Dear Jima During the mr-frith r_,f March 1992" there were a total if 6 Buildirig F'errnits issued and described as f,.,lIc_,wse A -1 New Starts A- 1 Renovat i,.,ri i Repair 4s C- -1 C,.,nvert p,.,rt ic,n ,.,f stable t,., Office C -4e 2 Erect 1 cxnrnercial L3torrage Str!ucturne C -4e 1 Access ot%y Flri.vate St,-..,rage Str!ucturre Certificates ,.,f Occ!i.paricy and f CIAlpliaricee Cer't i ficates Ch i rnriey re 1 at ed of Occupancy (i ) Fire in Ternp"rary damage. C(:art i f i cates E l ,f Or_c!iparicy. Certificates Inspect i,.,ns caused of C,.,mp l i ance leaking i ss!(ed o Fire I nvest i gat i,.,rise There were (6) Fire Call. so (0) (E) ( 1 ) (2) (1) (14) (3) (1) Multiple Ch i rnriey re 1 at ed which resulted (i ) Fire in NO apparent damage. 1 M i ri,.,r E l ect r i ca 1 Sh,.,rt Inspect i,.,ns caused by water fr^r. ,m a leaking 1 Frank. Firne that was set at Ceornge Jre Republic. 1 Single Family }-kxne fire which resulted in T,.,tal Dest r !uct i l,,ri r.if the hi ,rile. Multiple Residence Irispect i, -ins (i ) Fire Safety Inspect i,.,ns Of PUbl is /Businesses (4) Home Day Care F=ire Safety Inspect i,.,ns ( 1 ) r' C, 1:1 f , i 9 Page c We were able tcI ci Drnplete the Fee Sc.hedu.le update pt%ci jest. You shiDuld have received these r %eports last week: alcing with some sUggested tees and cjther prclpcfsed changes trc lrn Town At t oyrney Perkins which Clint arid I agree with, support and i r�eccirnrnend. The W H C U FR I oc%at i clr, and J enn,:i' s Re=_ -t a�_trant Pr %T �.j tecIL s were :�_tffici --ntly ccirnpleted tc, permit Temporary Certificates of ! Occupancy. Remaining items requiring tl_trther ai_tentiot "i for a Final Certificate of Occupancy fl:Orr bc-.ith are exterinr� Site Wcork, specifically par�kirig lot si_trfac:.es, drainage �.:.ciritours arid landscaping. We have been wccrking Mernbers with Attclrriey Pe -skins with a Z irling Variance Dr yd erg ccimpliance vicflaticin arid a Multi hi-Du:_ing cede viC,lation. IicIth cif these items cif c Incerris required help fr-'c inl cii_tr At t cIr'rIey which yc u Aut hcf'r i zed at the March 9L Bi-jard meet i rig a Thank yc ij_t, jb • Henry M. Slater CCo .James Schug, Dryden 1"c�wn S'upe-rvi -rrr All Dr'yderi TiDwri Board Mernbers vaTtsanne Lloyd, Dryden TcEvin Clerk. Mahlon Perkins, Dr yd erg Town At t clrney • N TB4 -14 -92 page 7 At t y Perkins - available - certificate upon of permit hearing - abandonment Red M i l l Read - copy in • minute back. month � �f March - May 12th 7a30PM Atty Perkins - Over & Under Piping Contractors - the Varna pump station has finally got all of their documentation work in and has been approved by Dave Putnam from Hunt Engineers. He has reviewed everything on behalf of the town so this final payment can now be approved on this project. HIGHWAY SUPERINTENDENT Hwy Supt Gilbert bid out drainage for repair work and guide rail work. RESOLUTION #109 APPOINT ECONOMIC OPPORTUNITY CORP._ Clm Hatfield offered the following resolution and asked for its adopt ion RESOLVED, that this Town Board appoint Gilbert Levine as the Town of Dryden representative to the Economic Opportunity Corp. G 2nd Clm Corrigan Roll call vote - all voting Yes RESOLUTION #110 ADOPT SCLIWC 199E WATER RATE STRUCTURE �AMENDMENT Clm Hatfield offered • adopticne RESOLVED, that this structure amendment. End Clm Corrigan 0 the following reso l Ut ion and asked for its Town Board adopt SCL I WC 1992 water rate Roll call vote - all voting Yes FINANCIAL REPORT - available upon request permit hearing - JUSTICE REPORT - $11,086 for the month � �f March RESOLUTION #111 AUDIT VOUCHERS ABSTRACT #104 Clm Baker offered the following mowing resol ut ion and asked for its adopticne RESOLVED, that abstract #104 vo uchers #193 to #332 be paid as audited exclUding voucher #226 and voucher #247. 2nd Clm Hatfield Roll call vote - all voting Yes NEW BUSINESS Schedule special permit hearing - May 7th 7 :00PM - M Scholes Schedule special permit hearing - May 7th 7o15PM - 5 Star Equip Town Board meeting - May 12th 7a30PM Adjourned: 9 e 30PM Susanne Lloyd T� awn Clerk �P V